Agenda and draft minutes

Proposal that a Member of the Sub-Committee be elected Chairman.

It was moved by Councillor Steve Wain, seconded by Councillor Marilyn Franks and

RESOLVED (unanimously)

That Councillor Neil Buttle be elected as Chair of the Sub-Committee.

The Chair declared the motion CARRIED.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

There were no declarations of interest.

This report informs the Committee of an application made under section 34 of the Licensing Act 2003, by Lawrence William Key, for a variation to the existing Premises Licence held in respect of Bank House Bar and Restaurant, Main Road, Hathersage.

The variation seeks to allow the sale of alcohol from a pop-up bar in the outside seating area of the premises, within the designated serving area shown on the plan attached to the application.

The Sub-Committee is asked to consider the 5 representations received from local residents (Other Persons) during the 28-day advertisement period.  Three of the representations support the proposed variation and two are objecting to the variation on the grounds that the public safety and the prevention of public nuisance licensing objectives would be undermined if the variation was granted.

It was reported that, in accordance with the Council’s Licensing procedures, an application had been received for a variation of Premises Licence made under section 34 of the Licensing Act 2003, held in respect of Bank House Bar and Restaurant in Hathersage.

The circumstances of the Applicant’s referral to the Sub-Committee were as a result of objections being made to the application by two local residents. As these objections could not be resolved to the satisfaction of all parties by the Licensing Manager, the matter was referred to the Sub-Committee.

The Chair invited the participants to introduce themselves, asked whether any party wished the Sub-Committee to consider the application in private and confirmed that the Sub-Committee was quorate.

The Licensing Manager gave an outline of the application.

The Sub-Committee and the other parties were afforded an opportunity to request clarification of the Licensing Manager’s report.

The Applicant, Mr Lawrence Key, then presented the case for the Bank House Bar and Restaurant. The Sub-committee also heard representations from the Applicant’s witness, Sir Kevin Barron.

The Sub-Committee had an opportunity to question the Applicant and their Witness.

All parties were afforded an opportunity to request clarification of any points.

The Sub-Committee members confirmed that they had sufficient information to make a decision and withdrew into private session to discuss their findings.

The Sub-Committee resumed in public session.

It was moved by Councillor Steve Wain, seconded by Councillor Marilyn Franks and

RESOLVED (unanimously)

That having considered all the evidence put before it, the Sub-Committee determined that the Applicant will be granted the application to vary the Premises Licence, subject to the following two conditions:

·         General outside lighting will be reduced after 10pm significantly so that only pathways around the site are illuminated from a low level to allow safe access and egress around the outside areas of the premises.

·         The temporary bar in the outside area will be staffed on every occasion the bar is in use for the sale of alcohol. Any staff responsible for operating the bar will be fully trained in selling alcohol and in escalating any issues they are unable to resolve, to the Premises Licence Holder/Designated Premises Supervisor or a person nominated.

The Chair declared the motion CARRIED.